Vocational education and training (VET), in Australia is regulated by a variety of Australian, state and territory laws.

Employment, workplace and equity issues are also covered by a range of Australian, state and territory legislation.

Where the state or territory and the Australian laws deal with the same situation differently, the Australian law has jurisdiction.

Vocational education and training legislation

Fundamental to the VET system are Australian laws such as:

• The Skilling Australia’s Workforce Act 2005 is the vehicle for the Government’s new National Training Arrangements for the funding period 1 July 2005 - 31 December 2008 and provides the authority to appropriate some $4.4 billion in grants to States and Territories over the funding period 2005-2008.  A key feature of the Skilling Australia’s Workforce Act is the strengthening of the funding framework, which links funding for the States and Territories to a range of conditions and targets for training outcomes.
• The Skilling Australia’s Workforce (Repeal and Transitional Provisions) Act 2005 repeals the Australian National Training Authority Act 1992 and the Vocational Education and Training Funding Act 1992.  This Act also provides for the transitional arrangements for the transfer of functions and responsibilities from ANTA to the Department of Education, Science and Training, including arrangements for the transfer of assets, liabilities and custody of records to the Commonwealth.
• the Workplace Relations Act 1996 that provides for awards, certified agreements and Australian Workplace Agreements.

States and territories also have laws that govern VET in their jurisdictions. These laws establish and grant powers to training authorities, and provide mechanisms for the planning, funding, coordination and evaluation of VET.

Equal opportunity

Australian equal opportunity legislation protects people involved in the training system. Under this legislation it is unlawful to dicriminate or harass people at work, school or in the community.

Examples of Australian equal opportunity legislation are the:

• Racial Discrimination Act 1975 
• Sex Discrimination Act 1984
• Disability Discrimination Act 1992

States and territories also have equal opportunity legislation.

Occupational heath and safety

Occupational health and safety is a broad area of the law that can be divided into three areas:

• Common law rules - these laws made by the courts, such as negligence, trespass and defamation are applicable throughout Australia and detailed in the National Occupational Health and Safety Commission Act 1985.
• State and territory laws that deal with general occupational health and safety issues and with particular industries, work processes and equipment. These laws generally take the form of a series of rules and penalties.
• State and territory worker's compensation legislation that protects employees in the case of on-the-job injuries.

You may view and download these Acts at the Australasian Legal Information Institute (AustLII) which provides free online access to Commonwealth, State and Territory case law and legislation.

Your state or territory training authority, registered training organisation or New Apprenticeships Centre will also be able to advise what legislation applies to your situation.